Lee (Migration)

This matter concerned an appeal by a visa applicant, a national of Taiwan, against a decision regarding her application for a Visitor (Class FA) visa, Subclass 600 (Visitor) – Tourist Stream. The applicant sought an extended stay in Australia to complete a program of religious seminars, with her intended departure date linked to the expiry of her air ticket. The core of the dispute revolved around whether the applicant had demonstrated adequate means to support herself during her intended period of stay in Australia, as required by the relevant migration regulations.

The Tribunal was required to determine whether the visa applicant met the criteria under clause 600.212 of Schedule 2 to the Regulations, which mandates that an applicant must have adequate means to support themselves or access to adequate means to support themselves during their intended stay in Australia. This assessment was to be made in light of the applicant's stated intention to remain in Australia until 16 September 2017, the date her air ticket expired, and her participation in a religious seminar program.

The Tribunal considered evidence of the applicant's financial position, including bank statements showing her current balance in Australia and significant savings held in a Taiwanese bank account. It noted that the initial delegate's decision appeared to have been made solely in respect of clause 600.212, despite a minor typographical reference to another clause. Based on the presented financial evidence and the applicant's stated intention to depart by mid-September 2017, the Tribunal was satisfied that she possessed adequate means to support herself. Consequently, the Tribunal remitted the application for reconsideration with a direction that the applicant met the requirements of clause 600.212.